Due process

Procedural due process is an element of just cause and requires that before an employee may be disciplined, the employer must provide the employee with notice of the charges and an opportunity to be heard.  The scope of protection is broader for employees in the public sector, but employees in the private sector are also generally thought to be entitled to due process protections.  In addition, due process principles may protect an employee from double jeopardy and from interrogation by an employer without union representation when it is requested.

In an arbitration hearing due process means that each party must be given adequate notice of the date, time, and place of the hearing and the opportunity to present evidence and cross-examine the opposing party’s witnesses. Further, the arbitration award must be based on the evidence presented at the hearing.